Allahabad High Court Halts Trial Proceedings in Non-Cognizable Offence Case
Chargesheet Treated as Complaint; Interim Relief Granted to Applicant Nitish Agrawal
In a significant legal development, the Allahabad High Court, presided over by Justice Ram Manohar Narayan Mishra, has put a temporary halt to the trial proceedings against Nitish Agrawal, also known as Sona Pandey. The case involves charges under Section 351(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which pertains to non-cognizable offences. The court's decision underscores the procedural safeguards enshrined in the new legal framework, ensuring that non-cognizable offences are treated with due legal circumspection.
The applicant, represented by Advocate Sumit Goyal, sought the quashing of the chargesheet, cognizance, and summoning order issued by the Nayaya Adhikari, Gram Nayayalaya, Dhampur, District Bijnor. The charges stemmed from an alleged remark made by Agrawal towards a statement by Sri Chandra Shekhar Azad, a Member of Parliament, concerning visitors to the Kumbh fair.
The court, referencing the Bharatiya Nagarik Suraksha Sanhita, 2023, highlighted that chargesheets filed in cases involving non-cognizable offences are to be treated as complaints. This procedural approach necessitates that trials cannot proceed on the basis of a police report alone in such instances. The court further emphasized the necessity of obtaining Magistrate approval before police investigation in non-cognizable offences, thereby protecting citizens from immediate coercive police action.
Drawing on the Supreme Court's guidelines in the case of B.N. John v. State of U.P., the judgment reiterated the imperative of balancing state authority with individual liberties. This balance is achieved through stringent procedural requirements that prevent the arbitrary exercise of police powers in non-cognizable cases.
The court also granted interim relief to the applicant, directing the trial court to refrain from adopting any coercive measures against him until the next date of listing, thereby safeguarding his legal rights during the pendency of the case.
The case has been adjourned with notices issued to the respondents, including the State of Uttar Pradesh, with a directive to file counter affidavits by the next hearing scheduled for October 30, 2025.
Bottom Line:
Application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - Chargesheet in a case involving non-cognizable offence treated as a complaint - Trial cannot proceed as a case instituted on a police report.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Section 351(2) BNS, Criminal Procedure Code (as referred in BNSS, 2023).
Nitish Agrawal Alias Sona Pandey v. State of U.P., (Allahabad) : Law Finder Doc Id # 2788716
